- (1.) The present appeal has been filed against the judgment and order dated 30.4.2007 / 07.5.2007, passed by Additional Sessions Judge, Allahabad in S.T. No.590 of 2005 and S.T. No.644 of 2005, whereby the appellants were convicted for charges under Sections 302/149, 323/149, 504 and 506 I.P.C., directing each of them to undergo sentence for rigorous imprisonment for life and fine of Rs.5,000/- under Section 302/149 I.P.C., in default, one year simple imprisonment; three months R.I. under Section 323/149, one year R.I. under Section 504 I.P.C. and one year R.I. under Section 506 I.P.C. Appellants nos. 1, 4, 5, 6, 7 & 8 were also convicted and sentenced under Section 147 I.P.C. for one year R.I. All the sentences were to run concurrently.
(2.) The case of the prosecution emanates from a written report dated 04.9.2004 (Ex. Ka-1) lodged by Abdul Qayum (P.W.1), wherein it was alleged that there was an ongoing litigation in respect of partition of their fields between the family of the informant and the accused persons. On 04.9.2004 at about 8.15 P.M. Rahmat Ali, Shamshad, Ansar, Ishteqar, Ashfaq, all sons of Rehmat Ali and his relative Basheer Ahmad son of Mohd. Mohsin and Samad, with a view to beat them, were sitting with lathis and country-made pistol. While informant was performing his Namaz alongwith others, the accused persons with a view to kill his brother Mohd. Ayub (deceased) started inflicting lathi blows upon him and Ansar fired a shot from a country-made pistol inflicting injuries in the chest of his brother, Mohd Ayub, Rehmat Ali and other accused persons also inflicted lathi blows on the father of the informant i.e. Fariduddin causing fracture in his hand and legs. While informant and his paternal uncle Mukhtar Ali (P.W.-2) and paternal aunt Sabira Khatoon (not examined) attempted to rescue the above two persons, the accused persons also inflicted lathi blows on them causing serious injuries. On exhortations made by informant, his elder brother Mahboob Ali (not examined) and paternal brother Mohd. Farooq (not examined) alongwith other village residents descended at the scene of occurrence, seeing them the accused persons fled away.
(3.) P.W.-3, the Head Moharir of P.S. Mauaima, on the basis of written report prepared a check First Information Report (Ex. Ka-2) drew copies thereof and made relevant entries in the general diary at Sl. No.42 on 04.09.2004 at about 22:05 hours. P.W.-7 was the 1st Investigating Officer, who upon registration of the F.I.R. commenced investigation, visited the site, prepared the site plan (Ext. Ka-8) and fard of blood-stained earth and ordinary earth under his signatures (Ext. Ka-9) and also the letters for medical examination of Abdul Qayum, Mohd Ayub, Fariduddin, Mukhtar Ali and Sabira.;